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Resolved complaint (292) about irrelevant criminal record discrimination in employment

Learn how a complaint (292) about discrimination in employment was resolved through conciliation.

Employment and workplace 21 October 2026

Summary

  • Year: 2026
  • Relevant Act: Other discrimination in employment
  • Grounds: Criminal record
  • Area(s): Employment
  • Settlement terms:
    • Compensation
  • Settlement amount: $5,000

About the complaint

The complainant alleged the respondent retailer withdrew an offer of employment in a senior management role due to his criminal record. The complainant said the retailer was made aware of his criminal history online and no information was sought about applicants’ criminal history during the recruitment process.

The retailer said it became aware of the complainant’s criminal history, including offences relating to indecent filming of minors and dishonest dealings with official documents. The retailer argued this was relevant to a role in senior management which involved working with young staff members and customers and required trustworthiness. The retailer claimed the complainant was dishonest about gaps in his employment during the recruitment process.

The complaint was resolved by conciliation with an agreement that the retailer pay the complainant approximately $5,000.

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

  • all complaints are de-identified
  • complaints are resolved on a 'without admission of liability' basis
  • some content may include confronting or offensive language.

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